Foreword: The Establishment Clause and Endorsement of Religion

FOREWORD: THE ESTABLISHMENT CLAUSE AND ENDORSEMENT OF RELIGION

Hon. Sandra Day O'Connor*

The first few words of the First Amendment to the Constitution are deceptively simple: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The meaning of those sixteen words, however, has been a source of much debate - often intense and divisive - over the course of this Nation's history.

Thus, as we approach the Bicentennial of the ratification of the Bill of Rights, it is altogether fitting for the editors of the Journal of Law and Religion to devote this issue to a celebration and reaffirmation of the Religion Clauses of the First Amendment. The Williams burg Charter on Religion and Public Life, in particular, stands as an articulate and emphatic call for civility in public discourse on religion and politics and for a renewed commitment to the enduring precepts underlying the Religion Clauses. That leaders from all walks of our society have joined together in this national compact is a testament not only to the diversity and pluralism that we celebrate, but also to the depth and strength of our Nation's commitment to religious liberty. I applaud the efforts of the drafters of the Charter for their thoughtful contribution to our continuing national debate on this important topic.

The Establishment Clause and the Free Exercise Clause have had somewhat of a tortuous history in the Supreme Court. The Court's jurisprudence in this